Omar Bennett
The Constitution of the United States has been amended twenty-seven times since its ratification in 1788, with thirty-three amendments proposed by the US Congress. The process of amending the Constitution is outlined in Article V, which requires amendments to be properly proposed and ratified before becoming operative. This process involves the US Congress proposing an amendment, which is then sent to the states for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. These amendments include the First Amendment, which protects freedom of speech, religion, and the press, and the Twenty-Sixth Amendment, which lowered the voting age to 18. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but not ratified until 1992, and addresses congressional pay changes. The process of amending the Constitution is designed to balance the need for change with stability, with similar processes outlined in the constitutions of other countries, including Ethiopia, South Africa, Brazil, and Japan.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| Amendments Proposed by Congress | 33 |
| Amendments Ratified by States | 27 |
| Amendments Pending Ratification | 4 |
| Amendment Process | Proposal by Congress or National Convention, Ratification by three-fourths of States |
| Key Amendments | 13th, 14th, 15th (Reconstruction Amendments); 21st (Repealed Prohibition); 24th, 25th, 26th |
| Rights Secured | Right to Refuse Self-Incrimination, Protection Against Double Jeopardy, Right to a Public Trial, Right to Vote for Women, etc. |
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What You'll Learn
The right to refuse self-incrimination
The Fifth Amendment of the United States Constitution protects the right to refuse self-incrimination. This right is a fundamental principle in criminal law, ensuring that people cannot be forced to provide self-incriminating evidence. The Fifth Amendment only protects against compelled communications, meaning that voluntarily provided information can be used against the person in court. To be considered self-incriminating, the compelled statements must pose a "substantial and 'real' hazard" of criminal prosecution or lead to evidence that will be used for this purpose.
In the case of witnesses, they must be sworn in and then are allowed to selectively refuse to answer questions that may incriminate them without waiving their right against self-incrimination. The right against self-incrimination does not protect against requests to produce non-testimonial evidence, such as handwriting, blood, urine, DNA, and fingerprint samples.
The Fifth Amendment's protection against self-incrimination was extended in the landmark Miranda v. Arizona ruling in 1966. This ruling requires law enforcement to inform individuals of their rights upon arrest, including the right to remain silent, the right to legal representation, and the right to have an attorney present during questioning. If law enforcement fails to issue a Miranda warning before custodial interrogation, any statements made by the suspect cannot be used in court.
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The right to a public trial
The Sixth Amendment (Amendment VI) to the United States Constitution guarantees criminal defendants eight distinct rights, including the right to a speedy and public trial. This amendment was ratified in 1791 as part of the United States Bill of Rights.
The Sixth Amendment ensures that criminal defendants have the right to be present during their trial, actively participate in their defence, and confront the witnesses against them. It also grants the defendant the right to subpoena witnesses to testify on their behalf and to testify in their defence.
The impartiality of the jury is crucial to the Sixth Amendment. The jury must be selected from the local community and consist of unbiased members representing a cross-section of society. The right to a jury trial applies only when the potential penalty includes imprisonment for more than six months.
The Sixth Amendment also addresses the right to a speedy trial, ensuring that cases are heard promptly and without undue delay. The Supreme Court has articulated a balancing test, as seen in Barker v. Wingo, to determine whether a defendant's right to a speedy trial has been violated.
The Amendment's Confrontation Clause gives defendants the right to confront and cross-examine witnesses, while the Compulsory Process Clause allows them to call their witnesses. Additionally, the Assistance of Counsel Clause grants criminal defendants the right to legal representation, as affirmed in Gideon v. Wainwright, where it was determined that defendants unable to afford an attorney must be provided with a public defender.
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The right to a jury trial
The Sixth Amendment's guarantee of a jury trial is further supported by Article III of the Constitution, which also provides for jury trials in criminal cases. The Fourteenth Amendment also plays a role in defending the right to a jury trial, as it has been interpreted to guarantee this right in all criminal cases, whether tried in federal or state court.
While the right to a jury trial is a fundamental guarantee, it is not absolute. In certain circumstances, a defendant may choose to waive their right to a jury trial and instead opt for a bench trial, where a judge will decide their case. However, such waivers must be voluntary and made with full knowledge of the consequences.
The Sixth Amendment's right to a jury trial has been reaffirmed and clarified through various court cases over the years. For example, in the case of Southern Union Co. v. United States (2012), the Supreme Court held that the Sixth Amendment guarantees the right to a jury trial for criminal defendants charged with non-petty offences. This case helped to define the scope and importance of the right to a jury trial in the US legal system.
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The right to vote for women
The roots of the women's suffrage movement can be traced back to the mid-19th century, with the emergence of organisations dedicated to women's rights. The Seneca Falls Convention in 1848, which adopted the Declaration of Sentiments calling for equality between the sexes, is considered a pivotal moment in the movement. Despite these early efforts, it was not until the 20th century that significant progress was made.
The first women's suffrage amendment was introduced in the United States Congress in 1878, but it was not until 1919 that the amendment finally passed in both the House of Representatives and the Senate. This amendment, known as the Nineteenth Amendment, guaranteed the right of women to vote and prohibited the denial of the right to vote on the basis of sex. The amendment was then submitted to the states for ratification, a process that required approval from three-fourths of the states (38 out of 50).
The ratification process was not without its challenges. While some states had already granted women the right to vote before the Nineteenth Amendment, such as New Jersey which allowed unmarried women who owned property to vote between 1776 and 1807, other states had long denied women the franchise. By 1807, every state constitution had denied women even limited suffrage, and it took decades of advocacy, protests, and legal challenges to change this. Finally, on August 18, 1920, the required number of states ratified the amendment, and it became a part of the Constitution, with its adoption certified on August 26, 1920.
While the Nineteenth Amendment was a significant milestone in the fight for women's rights, it did not immediately grant all women the right to vote. African American, Asian American, Hispanic American, and Native American women still faced barriers to voting due to discriminatory state voting laws and racially discriminatory tactics of the Jim Crow era. It would take further amendments and civil rights legislation to address these inequalities and ensure that all women had the right to vote.
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The right to just compensation for private property
The Fifth Amendment ensures that when the government exercises its power of eminent domain, it must provide full and adequate compensation to the affected property owner. This compensation should not be excessive or exorbitant but rather constitute "a full and perfect equivalent for the property taken". Originally, this equivalent was required to be in monetary form, although this interpretation has been questioned in more recent times.
The Supreme Court has interpreted the Takings Clause to include not only the physical taking of real property but also personal property. In Horne v. Department of Agriculture, the Court held that a raisin marketing order requiring raisin growers to set aside a portion of their crop for the federal government constituted a "clear physical taking", even though the scheme was intended to benefit growers.
The Fifth Amendment also applies to the confiscation of intangible property, including intellectual property such as patents, copyrights, trademarks, and trade secrets. Additionally, it prohibits the government from confiscating property, even with just compensation, if it is not for public use. While the boundaries of this prohibition are debated, it includes situations where the government takes property from one individual to give to another solely for private benefit.
The Takings Clause is grounded in natural equity, as described by Justice Joseph Story, and is essential for protecting citizens from excessive government power. It ensures that individuals receive fair compensation when their property is taken for public use, reflecting the ethical principle that public burdens should be shared by all.
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Frequently asked questions
The US Constitution has been amended 27 times since it was ratified in 1788. The authority to amend the Constitution is derived from Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. The process of proposing an amendment involves a joint resolution by Congress, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The proposed amendment is then submitted to the states for their consideration. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
The first 10 amendments to the US Constitution, known as the Bill of Rights, were passed in 1789 and ratified in 1791. These amendments include the First Amendment, which guarantees freedom of speech, religion, press, assembly, and petition. Another significant amendment is the Twenty-Sixth Amendment, ratified in 1971, which lowered the voting age to 18. The Reconstruction Amendments (the 13th, 14th, and 15th amendments) are also important, as they abolished slavery and granted citizenship and voting rights to formerly enslaved people.
The process of amending a constitution varies by country. For example, in Brazil, the Constitution outlines the terms for amendment in Article 60, which includes initiatives by the President, members of the Chamber of Deputies or the Federal Senate, and state legislative assemblies. In Japan, amendments are initiated by the Diet with a two-thirds majority vote in each house and then submitted to the people for ratification through a referendum. In South Africa, a constitutional amendment bill must be introduced in the National Assembly and published for public comment before being passed by an absolute majority.
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